Kalu @ Dilawar Khan vs State Of Rajasthan
2021 Latest Caselaw 7402 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

S.B. Criminal Appeal No. 129/2021

1. Kalu @ Dilawar Khan S/o Suleman @ Salim Khan, Aged About 26 Years, Barkat Colony, Tehsil Phalodi, Distt. Jodhpur. (Presently Lodged In Central Jail, Jodhpur).

2. Nawab Khan @ Rustam S/o Suleman Khan @ Salim Khan, Aged About 25 Years, Barkat Colony, Tehsil Phalodi, Distt. Jodhpur. (Presently Lodged In Central Jail, Jodhpur).

3. Saddam Hussain S/o Mohammad Khan, Aged About 25 Years, Barkat Colony, Tehsil Phalodi, Distt. Jodhpur. (Presently Lodged In Central Jail, Jodhpur).

----Appellants Versus

1. State Of Rajasthan, Through P.p.

2. Sera Ram S/o Surja Ram, Near Goshala School, Tehsil Phalodi, Distt. Jodhpur.

                                                                ----Respondents


For Appellant(s)         :     Mr. DLR Vyas
For Respondent(s)        :     Mr. Vikram Sharma, PP



            HON'BLE MR. JUSTICE VIJAY BISHNOI

                         Judgment / Order

16/03/2021

Notice upon the respondent No.2 has been served. Service

is, thus, complete. Nobody appeared on behalf of the respondent

No.2 despite service of notice.

(2 of 3) [CRLAS-129/2021]

This criminal appeal under Section 14-A(2) of the Scheduled

Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989

(hereinafter to be referred as 'the SC/ST Act') has been filed on

behalf of the appellants being aggrieved with the order dated

27.01.2021 passed by the Special Judge, SC/ST (Prevention of

Atrocities) Cases, Jodhpur (hereinafter to be referred as 'trial

court') in Criminal Misc. (Bail) Case No.31/2021 whereby, the trial

court has dismissed the bail application filed on behalf of the

appellants.

The appellants have been arrested in FIR No.18/2021 of

Police Station Phalodi, Distt. Jodhpur for the offences punishable

under Sections 341, 323, 325, 354/34 IPC and Section(s) 3(1)(s)

(wi) and Section(s) 3(2) (v) of SC/ST Act.

Learned Public Prosecutor has opposed the prayer made on

behalf of the appellant in this criminal appeal.

Heard learned counsel for the appellants as well as learned

Public Prosecutor and also perused the material on record.

Having regard to the totality of the facts and circumstances

of the case, without expressing any opinion on the merits of the

case, I deem it just and proper to allow the appeal filed by the

appellant under Section 14-A(2) of SC/ST Act.

Accordingly, this criminal appeal filed under Section 14-A(2)

of SC/ST Act is allowed and the order dated 27.01.2021 passed by

the trial court in Criminal Misc. (Bail) Case No.31/2021 is set

aside. It is directed that appellants - (1) Kalu @ Dilawar Khan S/o

Suleman @ Salim Khan, (2) Nawab Khan @ Rustam S/o Suleman

Khan @ Salim Khan and (3) Saddam Hussain S/o Mohammad

(3 of 3) [CRLAS-129/2021]

Khan shall be released on bail in connection with FIR No.18/2021

of Police Station Phalodi, Distt. Jodhpur provided they execute a

personal bond in the sum of Rs.50,000/- with two sound and

solvent sureties of Rs.25,000/- each to the satisfaction of learned

trial court for their appearance before that court on each and

every date of hearing and whenever called upon to do so till the

completion of the trial.

(VIJAY BISHNOI),J

164 - Pratibha

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